Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Evidence on the point of motive by PW1 is an improvement on the basis of evidence of PW2 and PW4, whereas best witness of motive has not been produced - Although they were present and also closely related to complainant - This fact will be against..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Chance witness - `P' told to complainant about fact that he saw accused going in fast paces after the incident and he was carrying a country made pistol in his hand - Statement of `P' recorded u/s 161 Cr.P.C - Thereafter accused killed `P' - Witness `P' is not an injured person or a complainant..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Accused are not named in FIR, but name of accused came in the light through evidence of chance witness - Evidence of PWs not fully reliable - Evidence on record would not lead to believe that accused could be only perpetrators of crime - Chain of circumstantial evidence is not complete and do..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Plea that it is not stated the exact role of petitioner in the conduct of business of company - It is always open for the petitioner to substantiate his assertion that he was not responsible for the conduct of the business of the company by leading evidence which should be..........
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 137 -- Recall of plaintiff for cross examination - Defendant lacking in vigilance in conducting cross-examination of witnesses - However, default of defendant is not of such grave degree as to warrant action of depriving him of opportunity to cross-examine witnesses of other side - If defendant is denied..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of pregnant wife and son - Burden of proof - Accused failed to explain how death of deceased persons occurred, as both were residing with him and were lastly seen with him in the night by PW1 - Statement of last seen witness has already dealt with and no circumstances are there on the file to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Bank Managers on one hand specifically deposed that no such bank account was opened and maintained in their bank - While on other hand cheque issued was returned with remark `Account Frozen' which presuppose that an account existed - Matter needs to be taken into consideration..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Deceased reached home in the night and told PW1 and PW8 about quarrel between him and accused earlier to incident in question - Said statement of deceased cannot be treated as a dying declaration, because deceased did not died on account of that quarrel...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 6 -- Murder - Res gestae - PW4 called PW5 over phone and told him that accused and deceased had a quarrel in bakery - Evidence of PW4 though hearsay would still be relevant u/s 6 of Evidence Act...........
Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Circumstantial evidence - Serious discrepancies in statement of PWs regarding presence of deceased at home or at the place of incident - Informant alleged that accused dropped deceased home after killing him, which too is against normal human behaviour - Neither there is any clear motive for accused to administer..........
